The Queens district attorney met yesterday with the families of two children who were run over by an allegedly drunken driver, killing one and critically injuring the other, and told them that as the law stands the driver can only be charged with a misdemeanor.

“I assured them that our investigation was ongoing and had not been completed,” District Attorney Richard Brown said in a statement. “But I reiterated, as well, that under current New York law, absent evidence of criminal negligence or recklessness, more serious charges against the allegedly intoxicated driver could not be filed.”

Nonetheless, the families were “encouraged by the meeting,” their attorney Sanford Rubenstein said, because the investigation was being conducted by homicide detectives.

John Wirta, 56, of Fresh Meadows, is accused of driving drunk in a van and hitting the boys, killing Vasean Alleyne, 11, and injuring Angel Reyes, 12, as they crossed a street in Flushing last week.

Police responding to the scene said Mr. Wirta was unsteady on his feet after the incident, his eyes were bloodshot and his speech was slurred. They said he told them he had “a few beers” earlier.

Mr. Wirta was charged with driving while under the influence of alcohol, a misdemeanor, punishable by up to a year in jail. Without an aggravating factor such as speeding or running a red light, prosecutors said Mr. Wirta cannot be charged with a higher offense, such as vehicular manslaughter or reckless endangerment.

This has infuriated the boys’ families and frustrated prosecutors.

“I strongly believe,” Mr. Brown said, “that the Legislature should amend current laws to make causing death or serious injury while driving while intoxicated a felony offense.”

Mr. Wirta’s attorney, Anthony Rattoballi, has said his client is extremely upset about what happened. But he said that if the law states he can only be charged with DWI, then he can only be charged with DWI.